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The UAE Confirms There Is No Requirement to Sign Every Page of the Arbitral Award
In May 2022, we reported that the Dubai Court of Cassation, in its judgment in Case No. 109/2022 (Civil), confirmed that the United Arab Emirates…
Energy sector: CMS Consequential Loss Guide, second edition now published
The CMS Expert Guide on Consequential Loss Clauses in the Energy Sector returns - expanded, refreshed, and more comprehensive than ever. The Guide…
International Arbitration in the Age of Artificial Intelligence: Opportunities and Emerging Challenges
Artificial intelligence (hereinafter also "AI") has become an integral part of modern society. While its use is sometimes criticized, and concerns…
Supreme Court clarifies the test of validity of Arbitration Agreement under Part II of the Arbitration and Conciliation Act, 1996
The Supreme Court in its judgment dated 25 August 2025 passed in Glencore International AG v. Shree Ganesh Metals & Anr., 2025 INSC 1036, examined…
Settling the Waters around modification of arbitral awards: An Analysis
In a seminal decision rendered in April 2025, i.e., Gayatri Balasamy v. ISG Novasoft Technologies Ltd., a five-judge bench of the Hon’ble Surpeme…
Emergency Arbitration and Its Applicability in India
Emergency Arbitration, a relatively newer and developing concept in Arbitration laws of our country, as a prominent apparatus for parties in disputes…
仲裁调查取证司法协助的实践突破——基于上海国际商事法庭案例的实务观察
2025年5月，上海国际商事法庭首次以调查令形式支持国际商事仲裁调查取证，标志着我国在仲裁与司法协同机制建设上的重要突破。该案不…
Defining the legal contours of arbitral tribunal’s power to implead non-signatories to the arbitration agreement: An Analysis
In a landmark judgement passed by the Hon’ble Supreme Court of India, in the matter of ASF Buildtech Private Limited v. Shapoorji Pallonji and…
「仲裁判断の修正」に関するインド最高裁の判決
インド最高裁判所は、2025年4月30日、仲裁判断の修正に関する重要な判決を下しました。…
Court mandates compulsory mediation despite no contractual obligation to do so
The High Court in England’s recent decision in DKH Retail Ltd v City Football Group Ltd [2024] EWHC 3221 (Ch) suggested a change of attitude towards…
Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The Taikoo Brilliance) [2025] EWHC 1878 (Comm)
On 22 July 2025, the Commercial Court (Knowles J) delivered judgment in Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The Taikoo…
Dispute boards in construction disputes
In larger construction projects, it is internationally common to establish a dispute board - a special panel that, during the course of the project…
Clarke Energy case confirms tough test to overturn arbitral awards
The judgment in Clarke Energy Pty Ltd v Power Generation Corporation reaffirms the high threshold for setting aside arbitral awards on public policy…
Dispute boards i entreprenadtvister
I större entreprenadprojekt är det internationellt sett vanligt att inrätta en dispute board - en särskild nämnd som under projektets gång löpande ska…
International arbitration in the spotlight: Roadpost Inc v Beam Communications Pty Ltd [2025] FCA 120
A Federal Court decision confirms that international arbitral awards can be enforced not just as judgments, but through specific performance under…
International arbitration case underscores legal risks for energy sector
A recent dispute between Elecnor Australia Pty Ltd and Clough Projects Australia Pty Ltd highlights the enforcement of arbitration clauses in joint…
Dispute Resolution Clauses in Commercial Contracts: Lessons from the Supreme Court’s Ruling in South Delhi Municipal Corporation v. SMS Limited
Dispute resolution clauses in commercial contracts shape how parties address conflicts and the forums available for their resolution. In South Delhi…
The Arbitration Act 2025: What does it mean for insurers?
The Arbitration Act 2025 (the Act) has come into force this month, amending the Arbitration Act 1996, with the aim to modernise the UK’s approach to…
Drafting Broad Arbitration Clauses
In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum…
Understanding Section 21 Of The Arbitration And Conciliation Act
Section 21 of the Arbitration and Conciliation Act, 1996, exists at the nucleus of the arbitral process in India, providing the procedural anchor for…
Navigating Turbulent Waters: The Complex and Costly Preparation of Costs and Case Management Conferences before Trial
Parties have been reminded that they are under an obligation to actively explore alternative dispute resolution (James Churchill v Merthyr Tydfil…
Lessons from a royalty dispute in the oil and gas sector
The recent decision in Oil Basins Limited v Esso Australia Resources Pty Ltd [2025] VSC 34 is a reminder of the Australian court’s pro-arbitration…
California Supreme Court clarifies FAA preemption, relief from forfeiture in arbitration fee disputes
The California Supreme Court issued its decision, on August 11, 2025, in Hohenshelt v. Superior Court (Golden State Foods Corp.), S284498, addressing…
AI and international arbitration - watching brief #1: the current landscape
Generative AI is transforming industries at an unprecedented pace, and international arbitration is no exception. At Freshfields, we believe that…
Asia-Pacific International Arbitration Update: Developments in the Indian Supreme Court and Singapore International Commercial Court (SICC)
It is well established that courts have the power to set aside arbitral awards or remit them to tribunals for reconsideration. But can courts modify…
The Arbitration Act 2025 is now in force. What does it mean for London-seated arbitrations?
The Act has been making it’s way through Parliament since the Law Commission published its final report in September 2023…
Hong Kong court clarifies effect of settlement agreements disapplying dispute resolution clauses of original contract
In the recent decision of Kat Yue Construction Engineering Limited v. Fai Lee Construction (H.K.) Limited [2025] HKCFI 3298, the Hong Kong Court of…
Challenges based on the misuse of tribunal secretaries
International arbitration partner Lucy Winnington-Ingram explores the increasingly significant role of tribunal secretaries in international…
AI and Arbitration: How to agree sensible uses of AI tools within the arbitration
Part of the appeal of arbitration as a dispute resolution procedure is that parties have a degree of flexibility over the proceedings. They can choose…
New UK Arbitration Act 2025 in Force: What You Need to Know
On August 1, 2025, the United Kingdom’s Arbitration Act 2025 (the “2025 Act”) came into force. The 2025 Act reflects a comprehensive review of the…